Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-16
APPLICATION FOR PATENT.

N k~FOA y OhCo D66U MED with
REGISTER and Receiver they become a na,,
= record, and can neither be withdrawn ~.
returned. but must be transmitted to The nmaoor
eral Land ONCE. Ne oen
sufficient. OF
cause: A''oo'eo pc
First The notice was nnb,,sha, ,u,..
knowledge of the Register. 'ne
I'd notice was not published In
new spaper designated as published nearest tba
Third-Record title was found defective.
Fourth--A previous application had bsor
made for the same premises, which was w,th
drawn pending q suit in Court Commenced hr
the adverse claimant. "
An application for patent will be reiec,aa
when the survey does not accurately desne ~
boundaries OF the claim.
Where the claim was not located in sccord.
ance with law.
Where several parties own separate and a..
tinct portions of Q claim, application 10,
patent may be made by either for til At portior
OF the claim owned by him; but where soysrsi
parties own undivided interests In : minine
patent.
A person or association may purchase an
many placer locations as the local law sdmits.
and embrace them all In one application for !
patent.
Two or more lodes cannot be embraced IN
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn 20 before any person purport.
ceiver cannot be recorded ~ evidences,
In all patents for mining claims situates
within the interior boundaries of q town site
aclause 10 inserted "excepting and excluding
all town property, rights upon the surface
and all houses, buildings, structures, lots'
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In. and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made n only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
newspapers so days must elapse between ne
hrst and last insertions.
Where the Register d esignates the Tally issue
of q newspaper for publication of notices of a
mining application for patent 1t 10 not 9 com.
pliance with law to change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
1T is alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In an adverse claim, once hled,
cannot be withdrawn, but becomes q part of the
record.
not be amended so as to embrace a larger por-
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out In
1 n-ona- E-r. 80 ia L. - "a
during the period Of publication of the appli.
cation for the patent to be effective.
! 1t IL the duty Of the adverse claimant o
commence suit in proper form within the re-
quired time, and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the reslit OF
the corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions of law, without stating the
facts specially. will not be considered in evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures and shall hle 0
copy Of the original notice OF his location, and
show the nature or extent of the conflict
alleged.
An allegation OF parties to a suit that they
compose the company 10 sufhcient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is Of little, If any value, for agri
cultural purposes, but is essential to tho
proper development Of mining claims, IL
should be disposed of under the Mining Act.
Where lands containing valuable mineral
.w~A.l haze haap Ino1uhaA In an aOrtrnItnFQl
entry, said entry will be cancelled at any time
prior to issuance of patent, upon satisfactory
evidence OF the existence Of such valuable de-
posts.
covered upon Q tract after the same ias been
en- tered as agricultural, but before ! stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion Of the land embraced by said
mining claim.
where mineral deposits are discovered on
Agricultural lands sitter the patent has been
issued to an agricultural claimant. they pass
Agricultural College scrip cannot be
ceived In payment for claims.
foreigner may make q mining location and
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that me
party was not q citizen before disposiDg OF hs
claim must be afirmatively shown
Locators and Intermediate owners. other
than applicants. will not be presumed aliens.
In the absence of allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold 70 an
alien cannot be patented while such owner 10
an alien; but on his declaration to become
citizen his right dates back to his purchase,
aud he may thereupon secure United STATES
patent for his claim.
CROSS LKDaEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intefs.vs
each other, priority OF title shall govern, ans
such prior location shall be entitled to AZ ~
or mineral contained within the space OF ihSas
section. but the subsequent location shall NV.
the right Of way through the space OF . n~,
section for the purpose OF the oonven,o
working Of the mine. And where TWO . : lhh III
veins unite the Oldest or prior locsuon snn ~.
take the vein below the point OF union'
Guiding all the space Of intersection.
TUNNELS.
There is no authority of law Tor q tuahv,
location 5000 by /, 800 feet. A proper loca'o"
is the width of the tunnel for S,ooo Iee,. ,,,o
There 10 no provision OF Jaw Tor -, nm.
tunnei locations. but lodes discovered IN run.
ming . tunnel may be patented In Ike mAnD'